Open AccessEstablishing the content of foreign law through international treaties
Author(s) -
Herman Galuschenko
Publication year - 2020
Publication title -
ukraïnsʹkij časopis mìžnarodnogo prava
Language(s) - English
Resource type - Journals
ISSN - 1814-3385
DOI - 10.36952/uail.2020.3.81-85
Subject(s) - legislator , law , private law , conflict of laws , international law , political science , civil law (civil law) , municipal law , public international law , public law , comparative law , order (exchange) , procedural law , commercial law , business , legislation , finance
In the article, the author gives the main mechanisms of establishing the content of foreign law, which are applied in most states – namely, briefly stated rules of civil procedural codes or special laws on private international law. The author focuses on the fact, that an additional source for mechanisms of establishing and clarifying content of foreign law are also international agreements, in particular – bilateral agreements on legal assistance, which states conclude between themselves to establish cooperation in order to resolve civil and criminal cases.It was found out, that in most countries, the legislator, despite the existence of civil procedural law and law on private international law, singles out international treaties, allowing to apply clear and effective mechanisms to establish the content of foreign law. This practice is not a new phenomenon in the science of private international law.